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he leave England not later than the 2nd of September next. His expenses of travel, and a compensation for his time and services, will be paid by my Government.

I have, &c., The Earl of Derby.

WICKHAM HOFFMAN.

The Earl of Derby to Colonel Hoffman. SIR,

Foreign Office, August 27, 1875. I REFERRED to Her Majesty's Secretary of State for the Home Department your note of the 24th instant, requesting, on behalf of your Government, that permission might be granted for Sergeant Shaw, of the Metropolitan Police Force, to proceed to New York, in order to give evidence at the approaching trial in that city of Charles Lewis Lawrence, who was surrendered under a warrant of extradition for the crimes of forgery, and uttering a certain bond and affidavit, within the jurisdiction of the United States.

A reply has now been received from Mr. Cross, inclosing copies of letters received by him from Messrs. Lewis and Lewis, Solicitors, the information contained in which warrants the supposition that Lawrence is now in custody in the United States, not only upon the charge of forgery, for which he was delivered up under the Extradition Treaty now in existence between your Government and that of Her Majesty, but also on charges of conspiracy and smuggling; and it is apprehended by the parties conducting his defence that he will be put on his trial for the latter offences, which are not extradition offences at all.

Her Majesty's Government cannot assume that that of the United States would permit such a course to be adopted, as being contrary to section 3 of the Extradition Act, 1870,* by which Act alone (section 27) the American Treaty is kept alive; contrary also to the law which governs the practice of the United States' Government in extradition cases, as laid down in the Act of Con. gress, 1848, chap. 167 ;t and contrary to the general practice of all countries; and they have accordingly instructed Her Majesty's Minister at Washington to make inquiries into the matter.

In conclusion, I have the honour to state, that before acceding to the request preferred through you by your Government, for the attendance of Sergeant Shaw, as a witness at Lawrence's trial, Her Majesty's Government would, in view of the facts cited above, require an assurance that Shaw, if sent out to New York, would only be called as a witness against Lawrence to prove the extradition crime, for which he was surrendered, and no other.

I have, &c., Colonel Hoffman.

DERBY.

# Vol. LX. Page 145.

+ Vol. LIX. Page 294.

The Earl of Derby to Sir E. Thornton. (Telegraphic.)

Foreign Office, August 27, 1875, 3.55 P.M. I HAVE to instruct you to ascertain and to report to me as soon as possible whether the United States' authorities intend to permit Lawrence to be tried for any other crimes than those for which he was given up, namely, for forging and uttering a bond and affidavit in the United States.

Colonel Hoffman to the Earl of Derby.-(Received August 28.) MY LORD, Legation of the United States, London, August 28, 1875.

I HAVE the honour to acknowledge the receipt of your note of yesterday.

I regret to say that it was by inadvertence that I stated in my note of the 24th instant that the testimony of Sergeant Shaw was wanted on the trial of Lawrence. It should have been on the trial of Robert Des Anges.

On the arrest of Lawrence at Queenstown by Sergeant Shaw, a very important letter in Des Anges' handwriting was found upon him. It' is to prove the discovery of this letter on the person of Lawrence that the presence of Sergeant Shaw is required.

I have the honour to inclose copies of Mr. Fish's despatch, and of the letters addressed to him by the Department of Justice, and to request that Sergeant Shaw may be permitted to proceed to New York at the earliest possible date, as a witness on the trial of Robert Des Anges.

I have, &c., The Earl of Derby.

WICKHAM HOFFMAN.

Sir E. Thornton to the Earl of Derby.-(Received August 28.) (Telegraphic.)

Washington, August 28, 1875. In answer to your message of yesterday, the United States' Solicitor-General has given it as his opinion that there is no United States' Law or Treaty stipulation with Great Britain which prevents Lawrence being tried for crimes other than those for which he was given up. I believe he will, therefore, be prosecuted for such crimes, smuggling among them.

The Earl of Derby to Colonel Hoffman. SIR,

Foreign Ofice, August 31, 1875. WITH reference to your note of the 28th instant, I have the honour to acquaint you that I have been informed by Her Majesty's Secretary of State for the Home Department that Police-Sergeant Shaw has been instructed to leave England for America on the 2nd

of September, with a view to giving the required evidence at the trial of Robert Des Anges.

I have, &c., Colonel Hoffman.

DERBY.

Sir E. Thornton to the Earl of Derby.—(Received September 3.) (Telegraphic.)

Washington, September 3, 1875. THE Solicitor-General's opinion has not yet been sent to tha District Attorney at New York, but there seems no doubt of the intention of the United States' Government to try Lawrence for crimes other and besides those for which he was surrendered, especially for smuggling silks.

Sir E. Thornton to the Earl of Derby.-(Received September 12.) MY LORD,

Saratoga, August 30, 1875. With reference to your Lordship's telegram of the 27th instant, relative to Charles Lewis Lawrence, who was surrendered by the British authorities under a warrant of extradition, on the charge of forgery, and uttering a certain bond or certificate, I have the honour to inform you that the question having been raised whether he could be tried for crimes other than those for which be was given up, it was referred, as I learnt some time ago, to the Attorney-General. But, as Mr. Pierrepont had been retained for the prisoner before he accepted office, he declined to give an opinion upon the question which had arisen, and it was therefore transferred to the SolicitorGeneral. This gentleman gave his opinion some days ago. I have not seen it, but I understand it is to the effect that there is no law of the United States, and no Treaty stipulation with Great Britain, which forbid the accused being tried for crimes other than those for which he was given up.

I am told that it is the intention of the Government to try Lawrence for some such crimes, amongst which are frauds on the revenue with regard to the importation of goods; but upon this point I am making further inquiries. I learn that both Mr. Fish and the Secretary of the Treasury are very desirous that he should be tried and punished for such crimes.

I have, &c., The Earl of Derby.

EDWD. THORNTON.

Sir E. Thornton to the Earl of Derby.-(Received September 19.) MY LORD,

Washington, September 6, 1875. WITH reference to my despatch of the 30th nltimo, I have received information, which came originally from Mr. Bliss, United States' District Attorney at New York, that the opinion of the Solicitor-General upon the question whether Lawrence could be tried

for crimes other than those for which he was surrendered by the British authorities, had not yet been received at Mr. Bliss's office, but that it was understood to be favourable to his being so tried. There seems to be no doubt that under the Solicitor-General's opinion the District Attorney will place Lawrence upon his trial, as well for other crimes and misdemeanours as for the specific crime for which he was surrendered. The other offences charged against him, for which it is desired to try him, are chiefly the smuggling of silks, by which he seems to have defrauded the revenue to an immense extent,

I have the honour to inclose three printed copies of the arguinent presented to the Solicitor-General by the District Attorney, in support of the right to try Lawrence for crimes other than those for which he was given up. If the statements made by Mr. Bliss as to the practice observed in England and Canada are true, they strongly support the pretension of the United States' authorities.

I have, &c., The Earl of Derby.

EDWD. THORNTON.

(Inclosure.)

Argument presented to the Solicitor-General by the District Attorney for the Southern District of New York,

Sir E. Thornton to the Earl of Derby.Received November 16.) MY LORD,

Washington, November 1, 1875. WITH reference to my despatch of the 14th of September last, I have the honour to inform your Lordship that I have learnt, on the best authority, that the Attorney-General has instructed the United States' District Attorney at New York to the effect that the trial of Charles L. Lawrence is to be proceeded with on the charge of forgery, for which his extradition was requested of, and granted by, Her Majesty's Government; and that if he should be acquitted of that charge, the District Attorney is to await further instructions.

The tendency, however, seems to be that, in case of acquittal with regard to the above charge, Lawrence will be indicted for other crimes, for which extradition is not stipulated between the two Governments.

I have, &c., The Earl of Derby.

EDWD. THORNTON.

The Earl of Derby to Sir E. Thornton. (Telegraphic.)

Foreign Office, November 26, 1875, 5.5 P.M. I HAVE to instruct you to ascertain from Mr. Fish whether the United States' Government intend to try Lawrence for any crime other than that for which he was extradited ; and if they do intend to do so, you will protest against it,

Sir E. Thornton to the Earl of Derby.- (Received November 27.) (Telegraphic.)

Washington, November 27, 1875. I HAVE questioned Mr. Fish in the sense of your telegram of yesterday. He says that this Government claims the right to try Lawrence for crimes other than that for which he was surrendered. Mr. Fish cannot say yet whether he will be so tried, but he is informed that the same course has been followed in England. The United States' Government intend first to try Lawrence for the extradition crime, and to do their best to obtain bis conviction. They will afterwards decide whether he should be tried for other crimes for which he has not yet been arraigned. Does your Lordship wish me to protest now, or to wait until it is clear that Lawrence will be put on his trial for crimes other than the extradition one ?

The Earl of Derby to Sir E. Thornton. (Telegraphic.)

Foreign Office, December 3, 1875, 7-5 P.M. I HAVE received your telegram of the 27th ultimo, and I have now to instruct you to call the attention of Mr. Fish to the English Extradition Act of 1870, section 3, sub-section 2, by which this Government is prohibited from surrendering a fugitive criminal to a foreign State, unless provision is made by the law of that State, or by arrangement, that the fugitive shall not be tried for any offence other than that for which he was surrendered. Her Majesty's Government has bitherto believed that the United States' law contained the necessary provisions; but as it now appears from the claim put forward by Mr. Fish in the case of Lawrence that there is po such law, and as the Treaty can only be put in force by the Act of 1870, it will be necessary that an arrangement should be entered into between the two countries, in order that the British Government may be able to comply with future demands for extradition.

You will ask Mr. Fish to furnish you with particulars of the English case to which he refers.

Sir E. Thornton to the Earl of Derby.- (Received December 4.) (Telegraphic.)

Washington, December 4, 1875. In answer to your Lordship’s telegram of the 3rd instant, the view of Mr. Fish is that it is not expedient to come to a specific arrangement, which would require the sanction of the Senate, on the one point in question, particularly when a discussion is going on about the case of Lawrence; but be professes his readiness to conclude an enlarged Treaty if it were possible. He now thinks that Lawrence will be convicted of the crime for which he was surren

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